S1362-2013 Actions

• Mar 12, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO CITIES

S1362-2013 Meetings

S1362-2013 Votes

S1362-2013 Memo

BILL NUMBER:S1362

TITLE OF BILL:
An act
to amend the general city law, the town law and the village law, in
relation to making residential facilities
of state agencies subject to local site plan
review

PURPOSE:
To ensure that all state owned residential facilities go through the
local site plan review process in order to ensure the facility's
floor plans are on file with the local government.

SUMMARY OF PROVISIONS:

Section 1- Amends section 27-a of the general city law by adding a new
subdivision 1-a to waive the state's immunity with regard to site
plan review for its residential facilities. Every state agency must
submit a site plan for each residential parcel under its control.

Section 2- Amends section 274-a of the town law by adding a new
subdivision 1-a to waive the state's immunity with regard to site
plan review for its residential facilities. Every state agency must
submit a site plan for each residential parcel under its control.

Section 3- Amends section 7-725-a of the village law by adding a new
subdivision I-a to waive the state's immunity with regard to site
plan review for its residential facilities. Every state agency must
submit a site plan for each residential parcel under its control.

Section 4-Requires that within 90 days of the effective date each
state agency which has constructed a residential facility prior to
the effective date of this act shall submit a site plan to the
appropriate city, town or village.

Section 5- Contains the effective date.

EXISTING LAW:
New York State has sovereign immunity with respect to local laws.

JUSTIFICATION:
On March 21, 2009, a tragic fire broke out at the State's Riverview
IRA group home. Four residents lost their lives in the fire, the
cause of which is still under investigation.

One of the issues that has come out of this tragedy is the fact that
the State did not need a local building permit and did not have to
file their floor plans with the town. Having the floor plans on
facilities would most certainly assist first responders in their
decisions on how best to evacuate occupants and fight fires.
Involving the local building inspectors in these projects only makes
sense and would add an additional set of eyes to ensure the safety of
the building.


The State's immunity with respect to local site plan review should be
waived to ensure the health and safety of those who live and work in
these residential facilities.

LEGISLATIVE HISTORY:
2011-12: S. 821 Committed to Rules; A. 524 Local Governments
2009-10: S. 4073 Finance; A. 7821 Local Governments

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

S1362-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1362
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  LITTLE, AVELLA -- read twice and ordered printed,
 and when printed to be committed to the Committee on Cities
 

AN ACT to amend the general city law, the town law and the village  law,
 in relation to making residential facilities of state agencies subject
 to local site plan review
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 27-a of the general city law is amended by adding a
 new subdivision 1-a to read as follows:

 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY  WAIVES  ITS  IMMUNITY
 FROM  LIABILITY  FOR  THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
 SOLELY WITH REGARD TO RESIDENTIAL FACILITIES.  EVERY STATE AGENCY  SHALL
 SUBMIT  A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
 A RESIDENTIAL FACILITY IS TO BE  OR  HAS  BEEN  CONSTRUCTED.    FOR  THE
 PURPOSES  OF  THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
 COMMISSION, BOARD, PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF  THE  STATE,
 INCLUDING  ANY  PUBLIC  BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
 APPOINTED BY THE GOVERNOR.
 

S 2.

Section 274-a of the town law is amended by adding a new subdivi
 sion 1-a to read as follows:

 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY  WAIVES  ITS  IMMUNITY
 FROM  LIABILITY  FOR  THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
 SOLELY WITH REGARD TO RESIDENTIAL FACILITIES.  EVERY STATE AGENCY  SHALL
 SUBMIT  A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
 A RESIDENTIAL FACILITY IS TO BE  OR  HAS  BEEN  CONSTRUCTED.    FOR  THE
 PURPOSES  OF  THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
 COMMISSION, BOARD, PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF  THE  STATE,
 INCLUDING  ANY  PUBLIC  BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
 APPOINTED BY THE GOVERNOR.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01130-01-3
 
       S. 1362                             2
 

S 3.

Section 7-725-a of the village law is amended  by  adding  a  new
 subdivision 1-a to read as follows:

 1-A.  WAIVER  OF  STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY
 FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS  OF  THIS  SECTION
 SOLELY  WITH  REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL
 SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON  WHICH
 A  RESIDENTIAL  FACILITY  IS  TO  BE  OR HAS BEEN CONSTRUCTED.   FOR THE
 PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY  DEPARTMENT,  BUREAU,
 COMMISSION,  BOARD,  PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF THE STATE,
 INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF  WHOSE  BOARD  IS
 APPOINTED BY THE GOVERNOR.
 

S 4. Within 90 days of the effective date of this act each state agen
 cy  which has constructed a residential facility upon any parcel of land
 under its control prior to the effective date of this act shall submit a
 site plan for such parcel to the appropriate city, town or village.
 

S 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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